Canada was actively involved in the process to develop a Political Declaration on the use of explosive weapons in populated areas, and was among the first group of states to endorse the Political Declaration in Dublin in November 2022. Canada regularly delivered statements throughout the consultations towards a Political Declaration, as well as raising concerns around explosive weapons in populated areas and expressing support for a Political Declaration in other multilateral forums. Early in the consultation process, Canada emphasised that there should be a focus on promoting International Humanitarian Law (IHL) as a sufficient existing framework to effectively regulate the use of explosive weapons in populated areas,1 and suggested a focus on the harms caused by the indiscriminate use of such weapons.2 Canada also emphasised engagement with local communities and called for a “population-centric approach” that takes into account diverse needs, including those from women, girls, people with disabilities, and LGBTQI+ persons.3
These were repeated themes throughout Canada’s statements to the negotiations where, in order to avoid any stigmatisation of explosive weapons in general, also supported the addition of qualifiers throughout the text to indicate that harm “can” potentially arise from the use of explosive weapons in populated areas.4 Canada also proposed weakening the core commitment (paragraph 3.3) of the declaration by emphasising that it should not go beyond the obligations of IHL,5 a belief it repeated throughout the negotiations. As the consultations progressed, Canada welcomed the recognition of the differentiated gendered impacts of armed conflict and suggested the inclusion of the word “feasible” referring to efforts in providing assistance to people affected by conflict6 but expressed opposition to the term “reverberating effects”. At the final round of consultations in June 2022, Canada welcomed the final version of the draft Declaration, including the commitments to implementing national policy and practice aimed at protecting civilians, adopting policies for armed forces that reflect IHL, and recognising the importance of taking all practicable measures to record and track civilian casualties with a view to informing future practice.7 This was reflected in their statement at the signing ceremony in Dublin in 2022, where Canada also underlined the need to foster a holistic and gender-sensitive approach to victim assistance and ensure accountability for violations.8
Statements and priorities
Canada has frequently spoken on explosive weapons in populated areas in multilateral forums, primarily to draw attention to the devastating humanitarian impacts of the use of explosive weapons in populated areas on civilians, particularly on children, humanitarian workers, and medical personnel. This includes at the UN Security Council open debate on the protection of civilians in armed conflict in 20149 and at the General Debate of the 72nd UN General Assembly First Committee in 2017. During the UN General Assembly First Committee in 2024, Canada reflected on ongoing conflicts and drew attention to the Political Declaration and encouraged states to endorse “this important set of commitments that help protect civilians.”10
Canada attended and spoke at the first international conference on the Political Declaration in Oslo, Norway in April 2024. During the session on Understanding Direct and Indirect Effects of explosive weapons, Canada expressed concerns about the harm caused by “a marked proliferation of indiscriminate and even targeted attacks on civilians and civilian objects” in ongoing conflicts. It stated that “in the planning and execution of operations, parties to armed conflict should take into account less immediate effects that are reasonably foreseeable in the circumstances, as these are frequently the ones that cause the most significant harm to civilians and civilian objects.” Drawing on the Declaration, Canada said that states should take “measures through their policies and in the planning and execution of attacks to protect civilians over the long term, by protecting the systems of critical infrastructure that surround them.” It also noted that disaggregated data collection, including through battle damage assessments, must be employed to provide a better understanding of harm and to inform future operations, and expressed its support for sharing and improving coordination on data.11
Alongside its individual statements, Canada has several times aligned with other states to deliver statements on explosive weapons in populated areas. At the 2024 UN Security council open debate on the protection of civilians in Conflict, the Group of Friends on the Protection of Civilians, of which Canada is a member, highlighted the harm caused by explosive weapons in populated areas across ongoing conflicts, and stressed that “the effective protection of civilians and civilian objects must be made a strategic priority in the planning and conduct of military operations.”12 To that end, the Political Declaration was identified as providing “practical tools that ensure that protection is real and effective.”13 The Group made similar remarks at the UN Security Council Open Debate on the Protection of Civilians on 25 May 2022.14 At the UN Security Council Open Debate on the Protection of Civilians in Armed Conflict in May 2023, the Group noted the adoption of the Political Declaration.15 At the January 2022 UN Security Council open debate on war in cities, the Group of Friends of the Protection of Civilians in Armed Conflict called on states to enhance the protection of civilians, including from the use of explosive weapons in populated areas, and took note of the ongoing consultations to develop a Political Declaration on this subject.16
Implementation of the Political Declaration
In February 2024, INEW and EWM conducted a state survey into endorser states' national efforts to disseminate and implement the Political Declaration. Canada reported that it had disseminated the Political Declaration to Global Affairs Canada, the Department of National Defence and the Canadian Armed Forces, as well the inter-ministerial Canadian National Committee on Humanitarian Law. Canada stated that it has nominated a point person responsible for the implementation of the Declaration in Global Affairs Canada, specifically a Director for Humanitarian Policy.17
Canada stated that it has carried out trainings on the domestic implementation of the Political Declaration at the inter-ministerial Canadian National Committee on Humanitarian Law. In addition, it reported having engaged in meetings with civil society organisations working on aspects of the Declaration and the ICRC regarding implementation. To implement its commitments under the Political Declaration Canada said its Armed Forces would continue “its good IHL practices, review and consider updates to doctrine and training, and will include appropriate direction operational orders.” In addition to providing IHL training for all members of its armed forces, Theatre Mission Specific Training provides personnel with special mission requirements and Collateral Damage Assessment training to those requiring this to complete their duties in a lawful manner.18
Upon a question about challenges to the implementation of the Declaration, Canada emphasised its strong support for victim assistance and stated that it would appreciate guidance from other endorsing states and civil society regarding the purview of provision 4.5, including the kinds of victim assistance envisaged.19
To view all of Canada’s responses to the INEW and EWM state survey, and other states’ responses, see the Explosive Weapons Monitor 2023, Chapter III on Universalisation and Implementation of the Political Declaration.